Xitrans Finance Ltd v Tania Rappo: Forum Non Conveniens Stay & Lifting of Stay Application
The Singapore Court of Appeal heard applications by Xitrans Finance Ltd to partially lift a forum non conveniens stay previously ordered in favor of Tania Rappo, Yves Charles Edgar Bouvier, and MEI Invest Limited. The stay concerned a dispute over art acquisitions. Xitrans sought to revive claims in Singapore related to transactions that could no longer be pursued in Swiss criminal proceedings. The Court of Appeal dismissed the applications, finding no departure from the original basis for the stay and emphasizing the undesirability of splitting the litigation between Singapore and Switzerland.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Applications dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal judgment regarding the lifting of a forum non conveniens stay in an art acquisition dispute. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Xitrans Finance Ltd | Applicant | Corporation | Application Dismissed | Lost | Cavinder Bull SC, Lim Gerui, Lea Woon Yee |
| Tania Rappo | Respondent | Individual | Application Dismissed | Won | Kenneth Michael Tan SC, Seah Zhen Wei Paul, Alcina Lynn Chew Aiping, Mohamed Shafie bin Allameen |
| Yves Charles Edgar Bouvier | Respondent | Individual | Application Dismissed | Won | Pek Aik Hin, Leong Yi-Ming, Chua Xinying, Abigail Anousha Fernandez |
| MEI Invest Limited | Respondent | Corporation | Application Dismissed | Won | Pek Aik Hin, Leong Yi-Ming, Chua Xinying, Abigail Anousha Fernandez |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Judith Prakash | Justice of the Court of Appeal | No |
| Andrew Phang Boon Leong | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cavinder Bull SC | Drew & Napier LLC |
| Lim Gerui | Drew & Napier LLC |
| Lea Woon Yee | Drew & Napier LLC |
| Pek Aik Hin | Allen & Gledhill LLP |
| Leong Yi-Ming | Allen & Gledhill LLP |
| Chua Xinying | Allen & Gledhill LLP |
| Abigail Anousha Fernandez | Allen & Gledhill LLP |
| Kenneth Michael Tan SC | Tan Kok Quan Partnership |
| Seah Zhen Wei Paul | Tan Kok Quan Partnership |
| Alcina Lynn Chew Aiping | Tan Kok Quan Partnership |
| Mohamed Shafie bin Allameen | Tan Kok Quan Partnership |
4. Facts
- Xitrans and Accent are companies owned by the family trusts of Mr. Dmitry Rybolovlev.
- Mr. Bouvier was involved in Mr. Rybolovlev’s acquisition of 38 pieces of art.
- Six art pieces were acquired between August 2003 and July 2007 (Category 1 Transactions).
- Two art pieces were acquired between July 2007 and December 2007 (Category 2 Transactions).
- The relationship between Mr. Bouvier and Mr. Rybolovlev broke down in late 2014.
- Xitrans commenced Suit No 236 of 2015 in Singapore alleging breach of fiduciary duties and deceit.
- The appellants applied for a stay of proceedings in Singapore, arguing Switzerland was the appropriate forum.
- The Court of Appeal allowed the appeals and ordered a stay of the Suit in Singapore.
- The respondents filed a criminal complaint in Switzerland against Mr. Bouvier and Ms. Rappo.
- The Swiss Criminal Proceedings were formally discontinued by the Swiss Public Prosecutor.
- Xitrans filed applications seeking a variation of the Stay Judgment to lift the Stay in respect of the Discontinued Claims.
5. Formal Citations
- Xitrans Finance Ltd v Rappo, Tania and another matter, , [2023] SGCA 22
- Xitrans Finance Ltd v Tania Rappo, 110 of 2016, Civil Appeal No 110 of 2016
- Xitrans Finance Ltd v Yves Charles Edgar Bouvier and MEI Invest Limited, 113 of 2016, Civil Appeal No 113 of 2016
6. Timeline
| Date | Event |
|---|---|
| Appeals heard | |
| Respondents filed a criminal complaint with the Public Prosecutor’s Office in Bern | |
| Appeals allowed and Stay ordered | |
| Criminal complaint transferred to the Public Prosecutor’s Office in Geneva | |
| Supplementary criminal complaint filed by the respondents | |
| Swiss Public Prosecutor informed the parties that the Swiss Criminal Proceedings would be discontinued | |
| Respondents objected to the discontinuance in a letter sent to the Swiss Public Prosecutor | |
| Respondents sent a further letter stating that they would refer the matter to the Geneva Court of Appeal | |
| Respondents filed an application to the Geneva Court of Appeal | |
| Swiss Criminal Proceedings were formally discontinued by the Swiss Public Prosecutor through the issuance of a “Dismissal Order” | |
| Respondents appealed against the Swiss Public Prosecutor’s issuance of the Dismissal Order to the Geneva Court of Appeal | |
| Geneva Court of Appeal issued its decision on the Referral and the Dismissal Appeal | |
| Respondents’ Singapore lawyers wrote to Ms Rappo’s Singapore lawyers and the Bouvier parties’ Singapore lawyers | |
| Allen & Gledhill responded to Drew & Napier’s letter | |
| TKQP responded to Drew & Napier’s request | |
| Xitrans filed the Applications, seeking a variation of the order given in the Stay Judgment | |
| Judgment date | |
| Judgment date |
7. Legal Issues
- Lifting of Forum Non Conveniens Stay
- Outcome: The Court held that there was no departure from the basis upon which the stay was granted and dismissed the application to lift the stay.
- Category: Procedural
- Sub-Issues:
- Departure from basis of stay
- Substantial delay in foreign proceedings
- Reneging on undertakings
- Related Cases:
- [2017] 2 SLR 265
- [2017] 1 SLR 907
- [1987] AC 460
- Interpretation of Undertakings
- Outcome: The Court interpreted the undertakings as relating to submission to jurisdiction and waiver of jurisdictional objections, but not as a waiver of substantive defenses such as time-bar objections.
- Category: Substantive
- Sub-Issues:
- Scope of written undertakings
- Scope of further undertakings
- Submission to jurisdiction vs. waiver of substantive defenses
8. Remedies Sought
- Lifting of Forum Non Conveniens Stay
- Damages
9. Cause of Actions
- Breach of Fiduciary Duty
- Deceit
- Dishonest Assistance
- Knowing Receipt
- Conspiracy
10. Practice Areas
- Commercial Litigation
11. Industries
- Art
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rappo, Tania v Accent Delight International Ltd and another and another appeal | Court of Appeal | Yes | [2017] 2 SLR 265 | Singapore | This is the Stay Judgment, the central judgment under consideration in the current application to lift the stay. |
| Accent Delight International Ltd and another v Bouvier, Yves Charles Edgar and others | High Court | No | [2016] 2 SLR 841 | Singapore | Cited as the High Court decision that was appealed in CA/CA 113/2016 and CA/CA 110/2016, which led to the Stay Judgment. |
| Rotary Engineering Ltd v Kioumji & Eslim Law Firm | Court of Appeal | Yes | [2017] SGCA 24 | Singapore | Cited for the principle that a stay can be lifted if the premise on which it was granted is mistaken. |
| Rotary Engineering Ltd and others v Kioumji & Eslim Law Firm and another and another appeal | Court of Appeal | Yes | [2017] 1 SLR 907 | Singapore | Cited for the basis for lifting a forum non conveniens stay. |
| Spiliada Maritime Corporation v Cansulex Ltd | N/A | Yes | [1987] AC 460 | England and Wales | Cited for the test for forum non conveniens. |
| Grains and Industrial Products Trading Pte Ltd and another v State Bank of India and others | High Court | Yes | [2019] SGHC 292 | Singapore | Cited for the principle that potential delays in the foreign forum come into play at the second stage of the Spiliada test. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Swiss Federal Act on Private International Law of 18 December 1987 | Switzerland |
| Swiss Code of Criminal Procedure Art 119(2)(b) | Switzerland |
15. Key Terms and Keywords
15.1 Key Terms
- Forum Non Conveniens
- Stay Judgment
- Undertakings
- Discontinued Claims
- Swiss Criminal Proceedings
- Category 1 Transactions
- Category 2 Transactions
- Jurisdiction
- Time-Bar
- Determination on the Merits
15.2 Keywords
- Forum Non Conveniens
- Stay
- Art
- Switzerland
- Singapore
- Jurisdiction
- Undertakings
- Civil Procedure
- Conflict of Laws
16. Subjects
- Civil Procedure
- Conflict of Laws
- Forum Non Conveniens
- Art Law
17. Areas of Law
- Conflict of Laws
- Civil Procedure
- Forum Non Conveniens